Hennessey v. State, No. 9311-4787hd (Sep. 18, 1995)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]RULINGS RE: MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT The plaintiff seeks damages for the defendant's failure to pay property taxes pursuant to a lease between the parties. In his Motion for Summary Judgment, he claims that no genuine issue exists as to any material fact and that accordingly judgment should enter in his favor. The defendant opposes the motion and contemporaneously moves for summary judgment in its favor1.

The followings facts are not in dispute:

1. On or about April 30, 1985, the defendant leased…